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Texas

Review prior complaints before terminating

09/04/2019
Before approving any recommendation to terminate a worker, review HR records to see if the worker has filed any discrimination or harassment complaints. Ensure the recommendation wasn’t motivated by retaliation.

Automatic timekeeping system? Make sure it truly records all hours worked

09/04/2019
A group of about 100 customer service representatives have won class-action status for their lawsuit alleging overtime and underpayment violations. The case highlights how crucial it is for timekeeping systems to capture all hours worked.

How to prevent some class actions: Let local managers make compensation decisions

09/04/2019
Having a highly centralized pay and promotion system may make employers more vulnerable to class-action litigation. On the other hand, giving some pay and promotion authority to local managers and supervisors may prevent class actions.

New employee just isn’t working out? Document specific problems before firing

09/04/2019
Sometimes, you discover that an employee you or your predecessor hired simply isn’t qualified or capable of doing her job. Before you fire her, possibly triggering a lawsuit, take the time to document why she’s not working out.

Yes, you can fire workers who take FMLA leave

09/04/2019
Some employees incorrectly think that if they take FMLA leave, they cannot be fired. That’s just not true.

Investigate every claim of sexual harassment

09/04/2019
With the rise of the #MeToo movement, many employers worry that alleged victims will falsely accuse someone of sexual harassment. It’s a realistic fear, but you should never use that as an excuse not to investigate sexual harassment complaints when they surface.

San Antonio delays paid sick leave, Dallas moves ahead

09/04/2019
By now, San Antonio’s paid sick leave ordinance was supposed to have gone into effect. But thanks to a compromise between city government and a group of local employers, affected employers won’t have to begin providing paid leave until at least Dec. 1, 2019.

HR pro tip: Never ignore a lawsuit

08/29/2019
Courts set tight deadlines for responding to lawsuits once they have been served. Miss a deadline without a rock-solid excuse, and you’re probably looking at a default judgment. Then it’s merely up to the plaintiff to provide some elementary proof that he’s entitled to damages.

Track every disciplinary action in detail

08/14/2019
Document all the details when you discipline or terminate. That way, you can review past discipline and compare it with currently proposed action. Similar conduct should result in similar punishment.

What to do about repeated harassment claims that always turn out to be unfounded?

08/01/2019
Q. We have an employee who has complained multiple times that she’s been sexually harassed. Each time we investigate, no one will back up her stories. Can we tell her to stop complaining?